Do you want to know what prohibited step orders are in the UK? Here is a complete guide related to prohibited step orders (PSO). Prohibited step order is an order which is taken by the court to stop the other party from doing prohibited things. This action is mostly taken in parents’ divorce cases when a custodial parent wants to make a forbidden move, such as taking the child abroad, changing the school, or forcing them to change their religion. If you are going through the divorce or separation process and your former partner threatens you for your child’s future concern objects, you can get a prohibited step order from the court to stop them from doing such things.
When can you apply for a prohibited step order?
You can place an application for PSO to the court if your child is in the custody of a guardian or another parent. And he is taking any of the following actions.
How can you get the prohibited step order?
You can get a prohibited step order from the court by filling in the C100 form. You can apply for a PSO when you have any of the reasons mentioned above. When filling in the C100 form, the court submits your application and lists your matter for a hearing appointment. You must tell the court that you have tried to sort out the issue in a mediation session or attended the mediation session.
Before the court hearing, the legal advisor from the Child and Family Court Advisory and Support Service will share some information regarding the case while contacting you. He will ensure that both parties attend the hearing and reach an agreement. If neither party does so, the court may give some time to settle the conflicts in a mediation session. If both partners agree, the court stops the process, and you can amend your application.
When can you apply for an emergency PSO?
You can also apply for a prohibited step order from the court in an emergency. You can take this step only in an urgent circumstance and have a strong and valid reason to show the court. If your ex-partner takes your child abroad within a few days, you can stop him from taking this action by court orders.
When can you not apply for a prohibited step order?
You cannot apply for a prohibited step order when
- your kids are 16 and above
- The local authority has custody of your kids
For how much time does a PSO last?
A PSO can last up to 6 to 12 months in some circumstances. It probably finishes when some conditions end, like completing the studies or reaching a certain age. In some special cases, a prohibited step order can only last once the child turns 16 or above.
Cost of a PSO in the UK?
The current fee for a prohibited step order application is £215. But if you have low-income resources, you can get help paying for them.
What if you breach the PSO?
It’s a criminal offense if you break the prohibited step order in the UK. Breaching the PSO can result in a sentence in prison and a fine. If one party fails the PSO, you can apply for the court order by filling in the C79 form. Once your application is submitted, the court may force the other party to pay you if you suffer any loss in breaching the PSO. Sometimes the court may not enforce a PSO on the other party if they show valid and strong reasons for not complying with the orders.
Having a detailed debate on the prohibited step orders in the UK, a complete guide is provided. This is a general discussion, but if you have issues regarding PSO, you must consult a sensible solicitor for legal advice on possible actions. Our team of kqsolicitors is always here to provide you with the best legal advice on any issue.